Manitoba Justice - Province Of Manitoba

Administration and FinanceThe Administration and Finance appropriation (04-1) includes the department’s executive and administrativesupport activities. It consists of two major components: executive administration and operational administration.Executive Administration is composed of two sub-appropriations identified as Minister’s Salary and ExecutiveSupport. These areas provide leadership and direction to the department’s operational divisions.The Operational Finance and Administration component of the division is responsible for the department’sadministrative support and fiscal planning and control functions. It also provides financial services, continuousimprovement, business and strategic intelligence, facilities management, purchasing, fleet vehicles, parking,records management and the development and maintenance of information systems.Executive Administration ComponentMinister’s SalaryThe funds voted for Minister’s Salary provide for additional compensation to the Member of the LegislativeAssembly (MLA) appointed to Executive Council (Cabinet) as the Minister of Justice.The Minister of Justice is also the Attorney General for Manitoba. The Attorney General’s role is that of chief lawofficer for the Manitoba government and the official legal advisor to the Lieutenant Governor in Council andmembers of Cabinet. The responsibilities stemming from this role are unlike those of any other Cabinet member.As Minister of Justice, the Minister represents the interests and perspectives of Manitoba Justice at Cabinet,while simultaneously representing the interests and perspectives of Cabinet to the department and thedepartment’s communities of interest.As Attorney General, the Minister plays a special role in advising Cabinet to ensure the rule of law is maintainedand that Cabinet actions are consistent with the law and the Constitution of Canada.1 (a) Minister’s SalaryExpenditures bySub-AppropriationTotal SalariesActual2018/19 (000s)42Estimate2018/19FTE (000s)1.00VarianceOver (Under) (000s)Expl.No.42Executive SupportExecutive support includes the staff and operation of the offices of the Minister and Deputy Minister who providemanagement direction and leadership to the department. Activities include advising the Minister on policies andemerging issues affecting the department, developing departmental policy, managing departmental activities andprojects, and providing administrative services.The Deputy Minister of Justice and Deputy Attorney General is the administrative head of the department,responsible for managing the day-to-day operations. As the senior public servant in the department, the DeputyMinister works with a team of Assistant Deputy Ministers and Executive Directors. The team, in turn, draws onthe extensive accumulated knowledge of departmental personnel.The Deputy Attorney General is the deputy chief law officer for the Manitoba government, following the AttorneyGeneral as chief law officer. The Deputy Attorney General, for example, can consent to an indictment beingpreferred directly in the Court of Queen’s Bench, Manitoba’s superior trial court, without the holding of apreliminary inquiry. There are also other discretionary prosecutorial powers given in law that the Deputy AttorneyGeneral may use.12

1 (b) Executive SupportExpenditures bySub-AppropriationActual2018/19 (000s)Total Salaries729Total Other Expenditures112Estimate2018/19FTE (000s)9.00VarianceOver (Under) (000s)855(126)8725Expl.No.1Explanations:1. Savings associated with vacant and under filled positionsOperational Finance and Administration ComponentThe Administration and Finance Division of Manitoba Justice is responsible for the department’s operationaladministration. The division is led by an Assistant Deputy Minister with oversight of four branches: Financial andAdministrative Services, Information Systems, Criminal Property Forfeiture and Legal Aid Manitoba.The Assistant Deputy Minister of the division exercises a governance role and is the designated officer forreceiving and investigating disclosures made by Justice employees under The Public Interest Disclosure(Whistleblower Protection) Act.The support services provided by the Administration and Finance Division have a significant overall impact onthe daily operations of the department.Financial and Administrative ServicesThe Financial and Administrative Services Branch is composed of three main groups: financial services,administration services and corporate services.The financial services group assembles and coordinates the department’s budget, processes all accountspayable, and monitors, evaluates and reports expenditures to senior management. It exercises a comptrollershipfunction to ensure that all revenues are properly accounted for, and that all expenditures are made and reportedin accordance with government policies and Generally Accepted Accounting Principles.The administrative services group oversees the department's administrative operations and reporting.Responsibilities include procurement and purchasing in general, sustainable development initiatives, contracts,leases for space and equipment, fleet vehicles, physical asset inventories, accommodations and capital projectrequests, staff parking, insurance, workplace safety and health, and related staff training.The corporate services group coordinates freedom of information access requests and compliance with TheFreedom of Information and Protection of Privacy Act (FIPPA) and The Personal Health Information Act (PHIA).It also provides leadership and support to a number of special cross-divisional projects such as the developmentof the department’s annual strategic plan, sustainability indicators reporting, performance reporting, continuousimprovement initiatives (Lean management) and workload indicator development and reporting. Corporateservices also manages departmental records and maintains the Manitoba Justice website atwww.gov.mb.ca/justice.In addition to working with partners across the Department of Justice, the unit works with the key stakeholders inthe criminal justice system including the judiciary, police, Legal Aid and the private defence bar to develop andimplement changes that will achieve improvements in the above noted areas.The means of achieving the improvements cover a wide range of areas including organizational changes, policychanges, work process changes, investments in technology, and resource allocation. The unit conducts detailedreviews and analysis of processes and their results to develop sound business cases for improvements and/orinvestments designed to increase efficiency and effectiveness of the criminal justice system, recognizing that therights of the accused must be protected.13

1 (c) Financial and Administrative ServicesExpenditures bySub-AppropriationActual2018/19 (000s)Total Salaries1,489Total Other Expenditures2,086Estimate2018/19FTE (000s)20.50VarianceOver (Under) (000s)Expl.No.1,891(402)11,7553312Explanations:1. Savings associated with vacant and under filled positions2. Legal Services common billings shortfall and costs associated with payroll productionInformation SystemsInformation Systems provides vision and leadership in the use of technology to assist the department inaccomplishing its goals. The branch either directly provides, or obtains from government shared services, therequired services or resources to identify, develop, implement and maintain technology solutions that assistprogram areas in the delivery of effective services. The branch also has the responsibility of leading thedepartment in the prioritization of initiatives that would benefit from the incorporation of technology. During2018/2019, these projects were prioritized and worked on:Windows 10: A project has been started to test and remediate all applications that are on Justice computersystems to ensure that they work properly with the Windows 10 operating system so it can be installed on allcomputers by January 2020.Maintenance Enforcement System (M3P): Enhancements to the Maintenance Enforcement System tostreamline the Support Deduction Notice process were implemented.Corrections Offender Management System (COMS) upgrade: The latest version of the product that includesnew functionality related to sentence calculations, risk assessment, auditing and reporting is currently beingtested.Collections System: A project is underway to enhance the existing Collection application with a system thatwill enable Justice to pull back existing accounts from the contracted private collection agency and apply awider suite of collection tools on both outstanding and new accounts.Human Rights Compliance System: The Human Rights Compliance System was upgraded to the currentversion of Maximizer.Queens’ Bench Registry, Court of Appeal Rota, and Court of Queen’s Bench Rota: These systems weremigrated to Microsoft SQL Server to use technology that can be better supported.Prosecutions Information & Scheduling Management System (PRISM). Most recently PRISM hasundergone technical upgrades such as windows authentication, Windows 10 compatibility as well as an upgradeto SQL Server 2016 and PowerBuilder 2016. The next development for the application is the ability to importdocuments.Vital Statistics Agency System - A project to enhance the existing software system to allow customers to applyand pay for vital event certificates securely on the Vital Statistic Agency’s website was completed.Automobile Injury Compensation Appeal Commission/Claimant Advisor Officer - A case managementsystem was developed and implemented for both branches.Video Conferencing Project – Video conferencing technology was installed in a number of boardrooms toreduce travel and provide better service to clients.14

1 (d) Information SystemsExpenditures bySub-AppropriationActual2018/19 (000s)Total Salaries944Total Other Expenditures608Recoverable from Part B – Capital0Estimate2018/19FTE (000s)10.00VarianceOver (Under) ons:1. Deferral of software projects and operational efficiencies2. No recovery of salaries for staff dedicated to CapitalCriminal Property ForfeitureThe Criminal Property Forfeiture Unit was established in June of 2009. Under the authority of The CriminalProperty Forfeiture Act, the unit’s director has access to a unique civil cause of action to seek forfeiture ofproceeds and instruments of unlawful activity.Civil actions under The Criminal Property Forfeiture Act are fully separate from criminal law and therefore do notrely on successful criminal prosecutions. Forfeiture actions are initiated against property, not people. No criminalrecord is created and there are no findings of guilt or innocence. Although the director decides whether or not toinitiate a civil forfeiture action, it is up to the Court of Queen’s Bench to determine – on a balance of probabilities– whether property is proceeds of or an instrument of unlawful activity. Monies resulting from successfulforfeitures are deposited into the Criminal Property Forfeiture Fund. These funds are then distributed as providedfor in section 19 of the act, including the compensation of victims and crime prevention activities.Property subject to forfeiture must be located in Manitoba and includes both real property (real estate) andpersonal property (assets such as vehicles, jewellery and cash). Property located outside of Manitoba may alsobe appropriate for civil forfeiture but would need to be referred to the civil forfeiture office of the jurisdiction wherethey are located.The Criminal Property Forfeiture Act does not provide any powers of search or seizure. Instead, the act isdesigned to allow the director to work cooperatively with police to use evidence and information gathered in thecourse of criminal investigations. Material gathered by police during a criminal investigation can be forwarded tothe director, who then determines if there is a viable civil forfeiture action. Before initiating a civil action, thedirector will confirm that the civil proceeding will not jeopardize or conflict with any criminal process related to theunlawful activity. In addition, the director will inquire whether the Crown has decided to pursue criminal forfeitureproceedings under federal legislation.In the event that the director decides to initiate a civil forfeiture action, a statement of claim or application againstthe property is filed in the Court of Queen’s Bench. The owner of the property can challenge the director’s claimby filing a statement of defence or response to the application (Part II proceeding).In June 2012, The Criminal Property Forfeiture Act was amended to allow for a simpler process, known asadministrative forfeiture (Part III proceeding). This process is available to the director in respect of cash orpersonal property having a value of 75,000 or less; the property must be in the possession of a lawenforcement agency that seized it and not be subject to any prior registered interest. The property is thenforfeited if no one disputes the director’s notice of administrative forfeiture. In the event that the notice isdisputed, the director must either continue the proceeding under Part II or discontinue the forfeiture process.From April 1, 2018 through March 31, 2019, the director initiated civil forfeiture actions (Part II) against 112properties. The majority of these matters remain under review by the Court of Queen’s Bench. 39 files, mainlyfrom previous years, were resolved by the court during 2018/2019. Under administrative forfeiture proceedings(Part III), 577 files were initiated with 472 being resolved. The total amount realized from the disposition ofproperty under Part II and Part III was 2.2 million.Of the 2.2 million forfeited, legal and administrative costs were recovered in the amount of 212.093.87. Afteraccounting for costs, expenses, and reimbursements, approximately 1.4 million was retained in the Criminal15

Property Forfeiture Fund (CPFF) from the 2018/2019 fiscal year. Disbursements from the CPFF were thensubsequently used to promote safer communities through payments to law enforcement agencies( 1,406,517.26), to contribute to Victim Services through the Victims’ Assistance Fund ( 300,000.00) and toprovide compensation for specific victims of crime ( 48,482.86). In addition, a forfeited vehicle valued at justunder 40,000.00 was donated to Crime Stoppers Manitoba.Since 2010, almost 21 million in assets have been successfully forfeited to Manitoba through criminal propertyforfeitures. There are currently numerous active forfeiture files being pursued involving real properties, vehicles,cash and other assets.1 (e) Criminal Property ForfeitureExpenditures bySub-AppropriationActual2018/19 (000s)Total Salaries557Total Other Expenditures240Estimate2018/19FTE (000s)6.00VarianceOver (Under) (000s)582(25)334(94)Expl.No.1Explanations:1. Savings primarily related to a decrease in requirement of legal services, property registry and credit reportingLegal Aid ManitobaThe Legal Aid Manitoba Act (LAM Act) establishes Legal Aid Manitoba (LAM) as an independent statutorycorporation operating at arm’s-length from government to deliver legal aid services. LAM’s mandate is to providelegal advice and representation services to low income individuals and groups to fulfill the government’sconstitutional obligation to ensure procedural and substantive fairness in a timely and efficient manner.The notions of “fairness” and “efficiency” in the justice system are core Canadian values, and constitutionalprinciples that inform and guide the administration of justice in Manitoba. As the Supreme Court of Canada haspointed out in R. v. Jordan, the justice system must operate both fairly and efficiently.From a legal point of view, the obligation to provide counsel arises in cases where government action engagessection 7 of the Charter (the right to life, liberty, or security of the person), section 9 (right against arbitrarydetention), section 10 (right to counsel), and section 11(d) (right to be presumed innocent until proven guilty).Although there is no constitutional requirement that the government provide representation in all cases wheregovernment action engages these sections of the Charter, they do link legal representation to the notions of“fairness” and “efficiency” in the justice system.The LAM Act was carefully crafted to achieve the end of ensuring the government’s obligations are efficientlyand effectively met, while ensuring operational independence in the management of employees and the conductof cases.LAM is managed by a Management Council consisting of at least seven but no more than nine membersappointed by the Lieutenant Governor in Council.LAM delivers three types of services: in-person and/or telephone advice and information; formal representation, and duty counsel.Formal representation is limited to serious criminal matters, serious immigration matters, child protection andmany family matters; moreover, it is provided to individuals who meet financial eligibility guidelines. Duty counselprovides early stage legal representation for individuals regardless of their financial circumstances, who are incustody or have been arrested or charged with an offence.16

LAM also has a number of special programs such as the Public Interest Law Centre (PILC) and the University ofManitoba Community Law Centre (UMCLC) as well as poverty law, and other outreach programs.Highlights of activities and initiatives in 2018/2019 include the following: Weekend Court Project: Manitoba’s Criminal Justice System Modernization Strategy identified the need tohave a more rigorous review of matters remanded into custody. This is even more important on the weekendas detained accused can sit over the weekend without any meaningful review of their matters and no trueopportunity to apply for release. After consulting with Manitoba Justice, LAM implemented an enhancedweekend court duty counsel project on May 26, 2018. Results demonstrate that a large volume of mattersare being assisted by weekend duty counsel; reducing delay and resulting in lower volumes of bails inWinnipeg during the week. Pre-Approval of Out-of-Custody matters: LAM identified that accused persons released from policedetention often do not apply for assistance until their first appearance date, which is often 4-6 weeks aftertheir release date; making the first appearance date more of a triage event and resulting in delay to allow theaccused an opportunity to apply for legal aid or retain counsel privately. In partnership with the WinnipegPolice Service and RCMP, (effective June 1, 2018) accused persons who are released from police custodyare provided with information pamphlets by the police service, encouraging them to apply for legal aid eitherin person, online, or over the telephone well in advance of their first appearance date. Applicants who applyat this early stage will: have their eligibility assessed well in advance of their first appearance date, and have staff duty counsel assigned to assist; providing applicants with advice and assistance well inadvance of their first appearance date while their eligibility is being assessed.The aim of this initiative is to reduce delay and the number of unrepresented accused. In addition, the earlyinvolvement of counsel in matters should contribute to reducing instances of accused persons failing toappear for court and/or failing to comply with court orders. Staff Criminal Youth Defence Office Re-Organization (Wpg): After consulting with staff lawyers practisingin the area of youth criminal defence, LAM’s community law office structure in Winnipeg was re-organized sothat lawyers specializing in the area of youth criminal defence are grouped together in one unit - enhancingquality of service, cost effectiveness and productivity. Expanded Criminal Duty Counsel: Many accused will want and need advice about diversion, restorativejustice and early disposition options that may be available. In an effort to increase access to justice forindividuals appearing in courtrooms across the Province, LAM implemented a further expansion of dutycounsel assistance to previously unserviced locations in Gimli, Beausejour and Stonewall, as well as bilingualduty counsel assistance to St. Boniface and St. Pierre-Jolys. Expanded Duty Counsel for Child Protection Matters:

Manitoba Justice is responsible for the administration of civil and criminal justice in Manitoba. Key responsibilities flow from provincial legislation such as The Department of Justice Act, The Correctional Services Act, The Legal Aid